Gajendra Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21386 of 2018 Arising Out of PS.Case No. -226 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Gajendra Sah s/o Late Asharfi Sah resident of village - Jhitkahiya, P.S. Lakhaura, District East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Pandey For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Chiraiya PS case no. 226 of 2017 instituted for the offences punishable under Sections 147, 120B, 342, 323, 302, 313 of Indian Penal Code.
The allegation against the accused persons is that when the victim girl namely Nitu Kumari became pregnant, the said accused persons had aborted her foetus and thereafter, thrown the foetus.
The learned counsel for the petitioner submits that as far as the petitioner herein is concerned, he is said to be a co-villager and has got no connection whatsoever with the other
Patna High Court Cr.Misc. No.21386 of 2018 (3) dt.17-05-2018 2/2 accused persons or the victim girl. It is further submitted that there is no specific allegation as far as the petitioner is concerned. It is further submitted that the petitioner is languishing in custody since 27.01.2018.
Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Sikrahana at Dhaka, East Champaran at Motihari in connection with Chiraiya PS case no. of 226 2017. (Mohit Kumar Shah, J) rinkee/- U T